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What does a suspended sentence actually mean?

2

Comments

  • #32
    keeponhurling
    Registered Users, Registered Users 2 Posts: 6,267 ✭✭✭keeponhurling


    would they have to commit a similar crime, or of similar severity, for it to he reactivated?

    Or if they don't pay their TV license they do these few years on time ?


  • #33
    My name is URL
    Registered Users, Registered Users 2 Posts: 25,626 ✭✭✭✭My name is URL


    oldyouth wrote: »

    If prison was a proper deterrent, then perhaps many crimes would not be committed

    There still wouldn't be enough space, though.

    And what do you mean by 'proper deterrent'? There's only so far you can go with that before you end up facing sanctions for human rights abuses from the EU and UN. That's not some liberal bull**** either.. the EU in particular will not tolerate obvious and systemic violations by member states.

    Would it really be worth being heavily fined or even booted out of the EU, just so prisoners could be treated less humanely?


  • #34
    Nino Brown
    Closed Accounts Posts: 1,507 ✭✭✭Nino Brown


    keeponhurling wrote: »
    would they have to commit a similar crime, or of similar severity, for it to he reactivated?

    Or if they don't pay their TV license they do these few years on time ?

    Usually similar severity, and sometimes not even then, I've heard of people who were in court after they got a suspended more than once and didn't get locked up.


  • #35
    Radiosonde
    Closed Accounts Posts: 613 ✭✭✭Radiosonde


    Hearing that the convicted comes from a "respectable family" always makes me want to vomit. It's just code for "better class of person" (therefore should get more lenient treatment than the knackery types.)

    "Good character" is also a bizarre one with violent offences.


  • #36
    Pro Hoc Vice
    Closed Accounts Posts: 6,087 ✭✭✭Pro Hoc Vice


    keeponhurling wrote: »
    would they have to commit a similar crime, or of similar severity, for it to he reactivated?

    Or if they don't pay their TV license they do these few years on time ?

    If during the period of suspension, the person is convicted of any crime, that court must send the person back to the the first court, to decide if the sentence will be activated, once that court decides then the second matter goes back to the second court to decide on sentence on the second issue.


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  • #37
    Galway K9
    Registered Users, Registered Users 2 Posts: 2,353 ✭✭✭Galway K9


    we need the three strike rule as in US, three convictions and your banged up for 25 years.
    Labour for each person to pay off the prison costs.


  • #38
    keeponhurling
    Registered Users, Registered Users 2 Posts: 6,267 ✭✭✭keeponhurling


    Radiosonde wrote: »

    "Good character" is also a bizarre one with violent offences.

    It's really irrelevant waffle, as by definition if you are guilty of crime you are not a good character.
    Especially the crime mentioned in the OP


  • #39
    Nino Brown
    Closed Accounts Posts: 1,507 ✭✭✭Nino Brown


    infosys wrote: »
    If during the period of suspension, the person is convicted of any crime, that court must send the person back to the the first court, to decide if the sentence will be activated, once that court decides then the second matter goes back to the second court to decide on sentence on the second issue.

    And if the period of the suspension lapses in that time, do they get away with it?


  • #40
    Pro Hoc Vice
    Closed Accounts Posts: 6,087 ✭✭✭Pro Hoc Vice


    Galway K9 wrote: »
    we need the three strike rule as in US, three convictions and your banged up for 25 years.
    Labour for each person to pay off the prison costs.

    Such views in the USA has led to over 2 million prisoners, the largest in the world, many prisoners work for a tiny payment, and allows some companies compete with low wage economies. Most prisoners are African American and Hispanic, leading to the claim that its a new slavery.

    http://www.globalresearch.ca/the-prison-industry-in-the-united-states-big-business-or-a-new-form-of-slavery/8289


  • #41
    Pro Hoc Vice
    Closed Accounts Posts: 6,087 ✭✭✭Pro Hoc Vice


    Nino Brown wrote: »
    And if the period of the suspension lapses in that time, do they get away with it?

    If they are not convicted again during the period of suspension then they will be sentenced in relation to the second matter. The first matter as the period of suspension is over will be in the past, but a judge can of course take the previous conviction into account for sentencing.


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  • #42
    No Pants
    Closed Accounts Posts: 3,346 ✭✭✭No Pants


    Renegade Mechanic wrote: »
    No tv license? Oh ho ho ho bend over, buddy..
    No one gets jailed for not having a TV licence.


  • #43
    xxmeabhxx
    Registered Users, Registered Users 2 Posts: 96 ✭✭xxmeabhxx


    I really dislike the whole "character witness" nonsense! If a person has committed a violent crime then the fact that there's a couple of people who think they're great should be totally irrelevant. If a man kicks a taxi driver in the head and steals from him then he has committed that crime and coming from a "good family" and wanting to be a carpenter shouldn't change that! If there is any hope for these two scumbags then I think the shock of prison is more likely to get them on track then letting them get away with it.


  • #44
    weldoninhio
    Closed Accounts Posts: 14,311 ✭✭✭✭weldoninhio


    infosys wrote: »
    Such views in the USA has led to over 2 million prisoners, the largest in the world, many prisoners work for a tiny payment, and allows some companies compete with low wage economies. Most prisoners are African American and Hispanic, leading to the claim that its a new slavery.

    http://www.globalresearch.ca/the-prison-industry-in-the-united-states-big-business-or-a-new-form-of-slavery/8289

    "The War on Drugs" has more to do with the numbers in jail than the 3 strikes rule. People caught with very little drugs being jailed as long as murderers in some states is ridiculous.


  • #45
    kult
    Closed Accounts Posts: 372 ✭✭kult


    No Pants wrote: »
    No one gets jailed for not having a TV licence.


    2 of my friends got 3 months for not having tv license, but papers and media keep quiet...


  • #46
    MonaPizza
    Registered Users, Registered Users 2 Posts: 1,014 ✭✭✭MonaPizza


    NiallSparky wrote: »
    You're in favour of putting people who are spending a month in prison (obviously something minor) in a position where they're likely to be raped or beaten?

    What is wrong with you? :confused:

    I've never understood the fetish towards anal rape that some people seem to have. They're obsessed with it. Bizarre.


  • #47
    mikom
    Closed Accounts Posts: 16,391 ✭✭✭✭mikom


    No Pants wrote: »
    No one gets jailed for not having a TV licence.

    They should be given an award, if anything.
    Galway K9 wrote: »
    we need the three strike rule as in US, three convictions and your banged up for 25 years.

    Three strikes could see someone getting a long sentence for stealing three separate packets of custard cream biscuits.
    It's a bit much.


  • #48
    kult
    Closed Accounts Posts: 372 ✭✭kult


    To avoid a tv license payment: an inspector asks you if you have TV license, you just say I DO NOT NEED A TV LICENSE, if he asks again say the same...you do not say yes or no, based on information you give: I do not need a tv license - the inspector cannot take any action against you. I haven't paid a tv license in 11 years now. Once the inspector came in with Gardai, I asked them if I am being arrested, did I commit a crime, or what? If not then they can go home and stop wasting tax payers money. Also you are not obligated to talk to the inspector. All my friends are doing it now and none of them pays anything to those hyenas...


  • #49
    oldyouth
    Closed Accounts Posts: 4,754 ✭✭✭oldyouth


    kult wrote: »
    2 of my friends got 3 months for not having tv license, but papers and media keep quiet...

    Or did they get sentenced for not paying the fine for not having a TV licence?


  • #50
    Nino Brown
    Closed Accounts Posts: 1,507 ✭✭✭Nino Brown


    kult wrote: »
    To avoid a tv license payment: an inspector asks you if you have TV license, you just say I DO NOT NEED A TV LICENSE, if he asks again say the same...you do not say yes or no, based on information you give: I do not need a tv license - the inspector cannot take any action against you. I haven't paid a tv license in 11 years now. Once the inspector came in with Gardai, I asked them if I am being arrested, did I commit a crime, or what? If not then they can go home and stop wasting tax payers money. Also you are not obligated to talk to the inspector. All my friends are doing it now and none of them pays anything to those hyenas...

    I just don't answer the door, if somebody is calling they phone or text. If they don't they don't get in. No good ever comes from answering the door to unannounced guests, it's never somebody you want to talk to.


  • #51
    Pro Hoc Vice
    Closed Accounts Posts: 6,087 ✭✭✭Pro Hoc Vice


    kult wrote: »
    2 of my friends got 3 months for not having tv license, but papers and media keep quiet...

    They got time for refusing to pay the fine.


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  • #52
    No Pants
    Closed Accounts Posts: 3,346 ✭✭✭No Pants


    mikom wrote: »
    Three strikes could see someone getting a long sentence for stealing three separate packets of custard cream biscuits.
    It's a bit much.
    If someone stole my custard creams three times in a row, I'd want them locking up.


  • #53
    kult
    Closed Accounts Posts: 372 ✭✭kult


    oldyouth wrote: »
    Or did they get sentenced for not paying the fine for not having a TV licence?

    actually no, it was just tv license, the judge wanted to make an example


  • #54
    SamAK
    Registered Users, Registered Users 2 Posts: 1,094 ✭✭✭SamAK


    oldyouth wrote: »
    No, we need to make prison unbearable, even if you only are in there for a month. Double up the cells and put a 'Bubba' in there with every new inmate.

    Civil rights my hole

    Ah, you must be one of those fvckwits that type before they think:mad:


  • #55
    Nino Brown
    Closed Accounts Posts: 1,507 ✭✭✭Nino Brown


    kult wrote: »
    actually no, it was just tv license, the judge wanted to make an example

    There's more to that story, most people spend a few hours, and your 2 mates got 3 months.
    http://www.irishtimes.com/news/crime-and-law/vast-majority-jailed-for-tv-licence-fines-walk-free-within-hours-1.1517596

    By any chance was it a lorry load of TV's they got caught with no licenses for?


  • #56
    kult
    Closed Accounts Posts: 372 ✭✭kult


    No, that's a different story:)


  • #57
    Pro Hoc Vice
    Closed Accounts Posts: 6,087 ✭✭✭Pro Hoc Vice


    kult wrote: »
    actually no, it was just tv license, the judge wanted to make an example

    If which I don't accept the judge jailed 2 people for not having a tv licence he did so without lawful authority, your friends would have a good claim for damages for illegal detention.

    http://www.irishstatutebook.ie/2009/en/act/pub/0018/sec0148.html#sec148


    Offences for not having television licence.

    148.— A person who keeps, has in his or her possession or uses a television set in contravention of section 142 commits an offence and is liable on summary conviction—

    (a) in the case of a first such offence, to a fine not exceeding €1,000, and

    (b) in the case of a second or subsequent such offence, to a fine not exceeding €2,000.

    As you can see there is no prison allowed by the legislation, so either your friends got it wrong, or the judge illegally jailed 2 people. Surprising they did not appeal to the circuit court or seek judicial review.


  • #58
    kult
    Closed Accounts Posts: 372 ✭✭kult


    infosys wrote: »
    If which I don't accept the judge jailed 2 people for not having a tv licence he did so without lawful authority, your friends would have a good claim for damages for illegal detention.

    http://www.irishstatutebook.ie/2009/en/act/pub/0018/sec0148.html#sec148


    Offences for not having television licence.

    148.— A person who keeps, has in his or her possession or uses a television set in contravention of section 142 commits an offence and is liable on summary conviction—

    (a) in the case of a first such offence, to a fine not exceeding €1,000, and

    (b) in the case of a second or subsequent such offence, to a fine not exceeding €2,000.

    As you can see there is no prison allowed by the legislation, so either your friends got it wrong, or the judge illegally jailed 2 people. Surprising they did not appeal to the circuit court or seek judicial review.


    And you are 100% right, but if my friends could not afford tv license they cannot afford any solicitor at all...they had problems with buying food etc not mentioning paying bills...


  • #59
    No Pants
    Closed Accounts Posts: 3,346 ✭✭✭No Pants


    kult wrote: »
    And you are 100% right, but if my friends could not afford tv license they cannot afford any solicitor at all...they had problems with buying food etc not mentioning paying bills...
    But no problem with paying for the electricity to run a TV I presume, plus the cost of whatever they watched on it.


  • #60
    Pro Hoc Vice
    Closed Accounts Posts: 6,087 ✭✭✭Pro Hoc Vice


    kult wrote: »
    And you are 100% right, but if my friends could not afford tv license they cannot afford any solicitor at all...they had problems with buying food etc not mentioning paying bills...

    They could have applied for legal aid, which normally would not be given for such cases, but if 3 months given then they would have got it. They could have sought assistance from FLAC or citizens information, and finally any solicitor would in such a flagrant breach of constitutional law have taken a JR on a pro bono basis. If this happened these people need to get legal advice, as they would have a claim for damages. But I don't believe it happened as no judge and Inspector would allow such a breach, its basics for a solicitor, judge and Inspector to know what the punishment is. Also I can not believe that at least one lawyer did not inform the judge of the error. All solicitors as officers of the court would in my opinion have an obligation to make sure an incorrect sentence is not passed.


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  • #61
    kult
    Closed Accounts Posts: 372 ✭✭kult


    No Pants wrote: »
    But no problem with paying for the electricity to run a TV I presume, plus the cost of whatever they watched on it.

    you know some people have old type 15y old tv, cos they cannot afford anything, also have pre paid meter , so they use esb only when really needed...not for tv, but yes they had a tv...some people are just v.poor sick etc...


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